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HomeMy WebLinkAbout2013-11-13 14-006 ORDINANCECOUNCIL ACTION Item No. 14-006 Date: November 13, 2013 Item/Subject ORDINANCE, Amending Land Development Code — Contract Zone Change — 2 Fourteenth Street from Urban Residence One District to a Contract Urban Residence Two District. Responsible Department: Planning Division Commentary: This order will amend the Land Development Code by changing a 2.58 acre parcel of land at 2 Fourteenth Street from an Urban Residence District 1 to Contract Urban Residence Two district. The property was formerly a portion of Mount Pleasant Cemetery cut off by the extension of Fourteenth Street to Ohio Street. The current zone provides for a 4.356 units per acre, (10,000 SF Lots) however, the applicant, J.R.G. Properties, is requesting a contract zone change which will provide contract conditions that limit the property to "attached residential structures" with a maximum development density of 5 dwelling units per acre. Applicant seeks to allow attached residential on the site (units connected by a common wall) at densities similar to URD -1. /s/ Tanya L. Emery Dept. Head Manager's Comments: For Referral to Planning Board Meeting of November 19, 2013 at 7:00 p.m. i ager Associated Information: Budget Approval: Legal Approval: Finance Director ,i Solicitor Introduced for Passage X First Reading Page 1 of 1 X Referral to Planning Board Meeting of November 19, 2013, 7:00 p.m. 14-006 NOVEMBER 13, 2013 ;�N Assigned to Councilor Durgin �_ CITY OF BANGOR J 4�•F�� (TITLE.) Ordinance r Amending Land Development Code — Contract Zone Change — 2 Fourteenth Street from an Urban Residence One Disrict to a Contract Urban Residence Two District. Be it ordained by the City of Bangor, as follows. THAT the zoning boundary lines as established by the Zoning Map of the City of Bangor dated October 28, 1991, as amended, be hereby further amended as follows: By changing a parcel of land located at 2 Fourteenth Street (Tax Map No. R-35, Parcel No. 54B) from an Urban Residence One District to a Contract Urban Residence Two District. Said parcel of land containing approximately 2.58 acres and being more particularly indicated on the map attached hereto and made a part hereof. PROVIDED, HOWEVER THAT, in addition to the mandatory conditions imposed by Chapter 165-7 of the Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions: 1. The use and/or operation of the subject premises shall be subject to the following limitations and/or restrictions: A. Primary structures limited to "attached residential" structures. B. A maximum development density of five dwelling units per acre. 2. Execution by those parties with an interest in the affected property of an agreement providing for the implementation and enforcement of all the terns and conditions set forth above and the recording of said executed agreement in the Penobscot County Registry of Deeds by the property owner, a copy of said agreement being on file in the office of the City Clerk and incorporated herein by reference. In the event that said agreement is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall become null and void. IN CITY COUNCIL November 13, 2013 First Reading and Referral to Planning Board Meeting ofN vember 19, 2013 CITY CLERK IN CITY COUNCIL November 25, 2013 Motion made and seconded for Passage Vote: 2-7 Councilors Voting Yes: Gallant, Nealley Councilors Voting No: Baldacci, Blanchette, Civiello, Durgin, Graham, Plourde, Sprague Mt" Failed CITY CLERK 14-006 NOVEMBER 13, 2013 MEMORANDUM DATE: November 20, 2013 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance 2 Fourteenth Street— Urban Residence District 1 (URD -1) to Urban Residence District 2 Contract (URD -2 Contract) Council Ordinance 14-006 Please be advised that the Planning Board at its meeting on November 19, 2013, held a Public Hearing on the above contract zone change request. Vice Chairman Douglas Damon noted he was filling in due to the absence of Chairman Sturgeon. Mr. Damon noted that Associate Member Mallar would be participating to bring the voting members to five. Mr. Damon noted that the issue before the Board was zoning policy and future development and the Board did not have a specific site plan before them nor were they dealing with curb cuts, sidewalks, or landscaping. Those details would be reviewed later when a specific project is proposed. Mr. John Graham owner of JRG Properties indicated that he was seeking to change the zoning of his property to allow him to build something other than a single- family home on the 2.5 acre parcel. Mr. Graham noted he had several business ventures in Bangor and had been a resident his whole life. He has several rental developments that are all first rate projects and cause little or no adverse impacts on adjacent properties. Mr. Graham noted abutters had concerns about development adjacent to their properties. His understanding is that he has access to Fourteenth Street as well as Holland Street. He noted the property has been for sale for some time, but few parties were interested in it being limited to single-family detached dwellings. Mr. Walter Kamyk, of 38 Holland Street, indicated that he was not in support of apartments or rental units in his neighborhood. He noted he resided there, went to work every day, and came home there at night and his property was not a business opportunity but a home. He did not find the real estate market concerns a reason to change the character of his neighborhood. Mr. Mark Ricketts, of 50 Holland Street, indicated that he was not in support of the proposed change. He was concerned that apartment units would bring with them more traffic, more noise, and a potential increase in crime. 2 14-006 NOVEMBER 13, 2013 Ms. Dale Ruopp, 28 Holland Street, indicated that she was not in support of the proposed change. She was concerned about additional traffic on Holland Street which is very narrow with limited areas to turn around. Neither Holland Street or Fourteenth Street have sidewalks so any additional traffic would be hazardous to pedestrians. Mary Ricketts, of 50 Holland Street, indicated that apartment units are not consistent with their neighborhood of single-family homes. Caragene Brennan, of 58 Holland Street, noted that she lived at the end of Holland Street and it was narrow and much of the traffic from the complex will need to access Holland Street immediately next to her home. D. W Mayweather noted he resided at 18 Holland Street and did not find the proposal consistent with the neighborhood. William McCready and Michael Brecht were unable to attend the meeting but forwarded an email to the Planning Board. They had concerns of the disruption of construction and the narrowness of Holland Street. They also thought apartment dwellings would be inconsistent with the existing detached single-family homes. Mr. Graham addressed the Board to answer some of the concerns raised. He noted that at his attached residential development off Burleigh Road there was very little traffic. Mr. Graham noted that while Holland Street is narrow he found there was room for two vehicles to pass even with a large oncoming truck. Mr. Graham noted he was very interested in being a good neighbor and was very proud of the developments he had done in Bangor. Planning Officer Gould explained how the contract zone change process worked and what additional restrictions were added in this contract. The housing style would be limited to attached residential only and the units would have an individual outside access similar to a townhome or duplex. Mr. Gould noted several attached residential developments in low density residential areas of the City. Mr. Gould indicated that the second contract standard limited the density to 5 units per acre and that density would allow for a maximum of 12 units on the property. Mr. Gould noted from a traffic generation perspective that attached units and apartments generate fewer trips per unit than single-family dwellings. The amount of site disturbance from attached residential is less than single-family dwellings especially if new roads and utilities are involved. Mr. Gould noted that often the Board hears that neighbors fear they will lose some level of privacy when a new development is constructed next door. The fact is everyone values privacy. The occupants of a new dwelling value their privacy as much as the occupant of the existing dwelling. 3 14-006 NOVEMBER 13, 2013 Planning Officer Gould noted that what the contract rezoning requests the City to consider is whether this property along Fourteenth Street Extension can be developed in a manner other than detached single-family dwellings that can coexist harmoniously with existing development on Holland Street. Member Williams made a motion to recommend the proposed contract zone change to the City Council. Member Boothby seconded the motion. The Board voted two in favor and three opposed to recommend the City Council that the contract rezoning from URD -1 to URD -2 Contract as contained in C.O. # 14-006 be approved. Planning Officer Gould noted that the City Council would take final action on the application on Monday November 25th. With a negative recommendation from the Planning Board it will take a 2/3 majority of the Council to approve the proposed change.